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(영문) 의정부지방법원 2013.04.18 2013고정836
상표법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On March 26, 2012, the Defendant, in collusion with B, possessed 51 points of counterfeit goods (124,000,000 won at the estimated price of fixed goods) as indicated in the attached list of crimes, such as 41 points on which a trademark right holder had an indication of the same or similar shape as the “luor” registered of goods (registration No. 059471) at the Korean Intellectual Property Office, and without a legitimate title to use the trademark, and infringed the trademark rights of the trademark right holder concerned, by carrying 51 points of counterfeit goods (124,00,000 won at the estimated price of goods) as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Investigation report (control of a person who violates the Trademark Act), confirmation certificate, control surface, and photograph of the suspected goods;

1. Investigation report ( eight copies attached to the trademark right holder's trademark register);

1. A report on investigation, the results of the check, and the report on the appraisal;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 93 of the Trademark Act, Article 30 of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 97-2 (1) of the Trademark Act that is confiscated;

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